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Robinson v. American Red Cross

United States Court of Appeals, Eighth Circuit

May 22, 2014

Ellen Robinson, Plaintiff - Appellant,
v.
American Red Cross, Defendant - Appellee

Submitted March 10, 2014.

Page 750

[Copyrighted Material Omitted]

Page 751

Appeal from United States District Court for the Eastern District of Arkansas - Little Rock.

For Ellen Robinson, Plaintiff - Appellant: Little Rock, AR.

For American Red Cross, Defendant - Appellee: Friday & Eldredge, Little Rock, AR; Eckert & Seamans, Washington, DC.

Before WOLLMAN, MURPHY, and GRUENDER, Circuit Judges.

OPINION

Page 752

MURPHY, Circuit Judge

Ellen Robinson is an African American woman who began working for the American Red Cross in February 2003. She has since filed race discrimination claims against the Red Cross under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and the Arkansas Civil Right Act of 1993 (ACRA), as well as federal age and gender discrimination claims, retaliation claims under Title VII and ACRA, and a state claim of outrage. The district court[1] dismissed or granted summary judgment on all of Robinson's claims. She now appeals the grant of summary judgment to the Red Cross on her § 1981 and ACRA race discrimination claims, her Title VII race discrimination claims alleging events taking place before January 21, 2011, her retaliation claims, and her outrage claim. After careful examination of the record, we affirm.

I.

Ellen Robinson is an African American woman who was hired as a phlebotomist technician by the Red Cross in February 2003. Promoted four times between 2004 and 2009, Robinson was a Collections Specialist II supervisor at the time she applied for an On the Job Instructor position in September 2010. Robinson was one of two finalists, but the job was given to the other finalist, a white man in his twenties. The Red Cross states that he was more qualified for the job than Robinson. During that same month, Robinson was given disciplinary counseling for having received four separate write ups in a single month. She also received a verbal warning that November for excessive unscheduled absences.

In July 2011, just two days after the Red Cross implemented a zero tolerance policy with respect to blood donor complaints, a donor complained that Robinson had exhibited rude and unprofessional behavior. After investigating the complaint and concluding it was valid, the Red Cross suspended Robinson and issued her a final written warning. At least two white ...


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